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Kathryn Ursula Tokarska's Answers
- 403 Legal Answers
- 4 Legal Guides
6
Attorney answers:
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I paid my Lawyer 1300 dollars when i filed for ch. 13 bankruptcy. She now wants 425 dollars to convert to a ch7 is this fair?
Yes, very fair. In our jurisdiction, client signs Rights & Responsibilities form, which is filed with the petition, chances are you also signed this form. It lists 15 items that the attorney shall do in order to receive $3,300, which is within the US Bankruptcy's Court's parameters for "initial fees," Converting a Chapter 13 to a Chapter 7 is not one of those items and it is not improper to compensate your lawyer for the extra time & effort involved in adhering to the conversion procedures....
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4
Attorney answers:
Can I sell my house while in chapter 7?
Yes, you need approval and it can be difficult to get the Trustee to release the property early. The best course of action is to enter into a binding contract after the case closes, typically in San Diego the court is very prompt, discharge happens almost exactly on 90th date after filing & the Trustees are also pretty good in issuing their blessing so the case can officially close. Most real estate agents won't touch a property while it is part of a bankruptcy estate. You also can't get a...
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5
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I want to File for Chapter 7 on around $14,000 of Credit Card debit.
$5,000 on its own is not a problem, but the result could be different depending on what else you own. Tax refunds, rights to sue someone, debt owed to you, and many other things are considered assets. In CA debtors can use one of the State provided exemptions: either CCP section 703.140 or CCP 704. California does not allow for usage of federal exemptions.
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3
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Tax Refund Commitment Under Ch.13 Bankruptcy
Any reference to future tax refunds would be in the plan or the Confirmation order which you should read carefully in case it makes reference to a Pre-Confirmation Modification form (that would have been filled out and signed at the 341 meeting). You can change witholdings, again unless Trustee specified you can't (that happened to one of my clients) but changing witholdings because you aren't living within Schedule J budget and incurring new income tax debt while in Chapter 13 threatens...
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6
Attorney answers:
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After filing Chapter 7 bankruptcy I will file tax returns and any refund I get will go to people I owe can my lawyer keep refund
Your lawyer isn't entitled to the refund, your creditors however could be depending on what other assets you have. A tax refund is an asset and it must be exempted in order for you to keep it. I'm not sure what you mean by "another government entity". If you owe income taxes to IRS for previous years and are expecting a refund for 2011 income taxes, the IRS can apply your refund to the taxes owed. You should ask your attorney to clarify the situation for you some more. Also, paying family...
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3
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Chapter 7 - I have an outstanding ticket for texting while driving - what happens?
Fines and Citations: Fines for violating the law are non-dischargeable debts. Examples of this type of non-dischargeable debt include traffic tickets and court-ordered criminal restitution.
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3
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Can a collection agency add interest to your old credit card debt?
Typically a credit card agreement spells out the kinds of costs that can be added onto the existing balance in the event of a default. Yes, that language would be contained in the teeny tiny print of the account agreement. Having said that, it is very common for the original debt to double with interest, penalties, and collection fees over a span of five years. Can you dispute incorrect information on your credit report. Absolutely, federal laws provide that a consumer has the right to...
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4
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What can a person in debt do who has already filed chapter 13 bankruptcy?
If you used an attorney in filing the Chapter 13, contact the attorney immediately. Depending on how much the income has fallen, maybe there is still a way to salvage the 13 by motion for a decrease in payments based on circumstances. This will only work if the 400/month is not just arrearages on a mortgage but also includes some other amounts, like unsecured debt. If it is clear that the payments aren't affordable at all or that lowering them is not possible chapter 13 will be dismissed...
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BANKRUPTCY
If all you owe is $8,000 in income taxes, bankruptcy might not be the right solution. You would be wise to contact a tax attorney regarding options. Depending on your circumstances it might be possible to reduce the amount owed through careful review of the returns for errors and Offer in Compromise or set up payments you can afford. Here is some info on IRS on the topic: http://www.irs.gov/individuals/article/0,,id=243822,00.html
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4
Attorney answers:
Where do I list taxes that are more than 3 years old in my chapter 7 bankruptcy?
Schedule E has two entries: priority and non-priority part, I would never put taxes on Schedule F. Heed other counsel's warning, the rule isn't just 3 years old, it's much more specific than that. You can obtain accounting from IRS to provide you with the information: assessment dates, tax due, interest & penalties broken out. Get it in writing, talking to IRS over the phone and getting wrong dates won't be a saving grace later.
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